Nonetheless, the situation may change next week after S&P 500 breaks all-time maximums, as this will be a signal for partial taking
of profit from 10% growth since the year's start.
In addition, a condemning authority can seek a partial taking
or a whole taking, the difference being that a partial taking
involves acquiring an interest in less than the entire parcel of real property owned, while a whole taking involves acquiring an interest in the entire parcel.
Varnum attorney Steve Afendoulis brought this case for the growers claiming that the government's actions represented a partial taking
of the farmers' property without just compensation in violation of the farmers' constitutional rights.
For example, Michigan condemnation law permits recovery for damages incurred to avoid business interruption, damages for going out of business as a result of a taking and damages to property remaining after a partial taking
A partial taking
requires compensation even though the regulation deprives the owner of only a part of the use or value of the total property.
Measure 7, passed in 2001, provided for compensation for the partial taking
of property by land use decisions, zoning, and the implementation of land use goals.
158) For example, a partial taking
on property resulting in multi-million dollar loss may result in no compensation, whereas a total taking on land resulting in only a minimal loss of value to the property owner will result in complete compensation.
But if the court recognizes and generalizes the Third Amendment's explicit ban on one type of uncompensated, partial taking
to other such takings, it would dramatically reduce the regulatory abuses common today.
5 acres, then you either get into the partial taking
problem, or you say it is no taking at all.
The Supreme Court of New Hampshire noted that its preferred method for determining damages for a partial taking
is the before and after method, "whereby the value of the remainder of the tract after taking is deducted from the value of the whole tract before the taking.
18) Business damages are recoverable only when there is a partial taking
These two Federal Circuit decisions have ominous implications for federal wetlands regulation, indeed all federal environmental regulation, because they mean that virtually any federal restriction on development could work a partial taking
, irrespective of how much profit a land development produced.